My mother found my father to be cheating on her with her niece. She went to confront her niece at her apartment. She says her niece attacked her so she dropped her purse to defend herself. After the skirmish she picked up her purse along with a sweater she thought was hers. She went to the police station to file a report. When my father got home he got the sweater and took it back to my moms niece. The owners of the apartment filed charges on my mother for burglary habitation for taking the sweater. The apartment is supposed to be under my fathers and her niece's name. What can she do to defend herself. She has no criminal record. She also does not work and cannot afford a lawyer. Any help is appreciated.
Burglary, Arson, Home Invasion Charged with Burglary Habitation in TX
- Thread Starter jagvg
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Scooterdog
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It's never a good idea to go to someones house and stir things up. Didn't they recently pass a law in Texas, that if you feel threatened, you can open fire? I"m sure they did.
I don't understand how your mother got charged with this.
The apartment owners didn't own the sweater, who are they to sign a criminal complaint? This is what I'm questioning. The sweater was returned.
Your mother can get a court appointed lawyer, who will be about as helpfull as cancer. But, she needs to do something.
If it were me, I would plead not guilty, demand a jury trial. The case will probably be thrown out before one goes to the jury.
Read up on the law. This "bruglary habitation" or what the heck ever, read up on that. Do all of the elements apply to this situtation with what little facts will be used in court?
When you first come on this site, I could thought I seen something on the right side of the screen, and looked like you could download a legal outline. You would want criminal if they have one on here.
If you find this law she was charged with, copy and paste it on here. I could try to underline the different elements for you. Don't post the entire criminal statutes, just the exact law she is charged with.
Something else you can do: You can do a search for Criminal Defense Lawyers in Texas. Check out the web sites, look for "free initial consultation" or similar. You could call 20 different lawyers in different pars of the state. Take notes. Write your questions down. Ask them how they would go about getting it dismissed. You may get the answer you need for free by doing this. If nothing else, you will have a better idea of the situation from persons who know the system she is in. Also, if she has to get a court appointed lier, you will be able to explain the way you and your mother would like it done, with advice from several criminal attorneys from your state. (I'd love to see the look on his/her face)
Please post that law.
I don't understand how your mother got charged with this.
The apartment owners didn't own the sweater, who are they to sign a criminal complaint? This is what I'm questioning. The sweater was returned.
Your mother can get a court appointed lawyer, who will be about as helpfull as cancer. But, she needs to do something.
If it were me, I would plead not guilty, demand a jury trial. The case will probably be thrown out before one goes to the jury.
Read up on the law. This "bruglary habitation" or what the heck ever, read up on that. Do all of the elements apply to this situtation with what little facts will be used in court?
When you first come on this site, I could thought I seen something on the right side of the screen, and looked like you could download a legal outline. You would want criminal if they have one on here.
If you find this law she was charged with, copy and paste it on here. I could try to underline the different elements for you. Don't post the entire criminal statutes, just the exact law she is charged with.
Something else you can do: You can do a search for Criminal Defense Lawyers in Texas. Check out the web sites, look for "free initial consultation" or similar. You could call 20 different lawyers in different pars of the state. Take notes. Write your questions down. Ask them how they would go about getting it dismissed. You may get the answer you need for free by doing this. If nothing else, you will have a better idea of the situation from persons who know the system she is in. Also, if she has to get a court appointed lier, you will be able to explain the way you and your mother would like it done, with advice from several criminal attorneys from your state. (I'd love to see the look on his/her face)
Please post that law.
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